The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The main point of the grounds for appeal is that the court below's imprisonment (ten months of imprisonment) is too unreasonable;

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The lower court applied Articles 1(2), 258-2(1), 257(1), 261, and 260(1), and 347(1) of the Criminal Act to special injury crimes, special violence crimes, and fraud, and sentenced the Defendant to ten months of imprisonment with prison labor for each of the above crimes, which is the most serious concurrent crimes.

However, the lower limit of the crime of special injury in this case is one year, and in order to sentence the above sentence to the Defendant without any legal grounds for mitigation, the lower court sentenced the sentence beyond the applicable sentencing range without omitting it, and thus, the lower court was no longer able to maintain the lower judgment in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 1 (2), Articles 258-2 (1) and 257 (1) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special violence, the choice of imprisonment with labor), Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment with labor) of the relevant Act concerning the facts of crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply to concurrent crimes, and the punishment specified for a special injury to victims E, of which the most severe punishment is imposed;